IP Update: Irish and Northern Irish Businesses Now Must Be Represented by a U.S.-Licensed Attorney on USPTO Matters

As of early August, all Irish and Northern Irish persons and entities (whose permanent legal residence or principal place of business is outside the U.S.) are required to be represented by a licensed U.S. attorney in good standing in all matters before the U.S. Patent and Trademark Office and the Trademark Trial and Appeal Board. This is a significant change for Irish and Northern Irish companies with IP registrations in the US, especially those protecting their brands.

This new rule applies to (i) new application filings and subsequent filings in pending applications; (ii) maintenance filings in connection with existing registrations; and (iii) ex parte appeals and contested proceedings before the TTAB, including, opposition and cancellation actions.

Irish and Northern Irish applicants, registrants and parties now need to engage a licensed U.S. attorney to file submissions on their behalf.

If you have any questions about the impact of this changed rule, contact me –AGG has a great IP practice that represents a number of Irish and Northern Irish businesses on US IP matters.

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About Mike

Michael Burke is a partner in the Corporate Practice of Arnall Golden Gregory, LLP, in the Washington, DC office. He provides creative, effective, efficient, and 'business-sensible' legal advice so companies of all sizes, including emerging growth companies, can turn legal challenges into business opportunities. He has a specific focus on advising Irish and Northern Irish companies on doing business in the United States.

He is a past chair of the 23,000-member American Bar Association Section of International Law, and was the youngest person elected chair of that Section. Mr. Burke has an AV Preeminent™ Rating from Martindale-Hubbell; was named to Washington DC Super Lawyers by Thomson Reuters; was awarded the Business & Finance Magazine Global 100 Irish Business Leaders 2014; and was named to the Irish Legal 100 in 2012 and 2013.

His father's family is from Cahir, Tipperary, and his mother's family is from Castlerea, Roscommon.